Direito ao conhecimento das origens vs. prazo de caducidade da ação de investigação da paternidade

Abstract

This paper seeks to question the constitutionality of subjecting the right to know one’s origins to a limitation period after which the right may no longer be exercised. This solution is quite damaging to the fundamental right of the alleged child, namely their right to their personal identity and to the shaping of their personality – since these are personal rights, they require imprescriptibility. Thus, we will focus on the assessment of the time limit provided in article 1817, no. 1 of the Civil Code, making it clear that although this issue may also arise in the investigation of maternity, our analysis will only focus on the investigation of paternity. The aim of this paper is to understand the developments in the investigation of paternity, identifying the divergences that exist in jurisprudence and doctrine, because only in this way will we be able to present what we believe to be the best solution to the problem. Although this issue has already been discussed several times, we cannot fail to resurrect it, because if we ignore it and stop worrying about it, the legislator would think that we have conformed to the current solution, which is not the case. Only by insisting on demonstrating the reasons justifying the elimination of the statute of limitations for the paternity investigation action will we be able to obtain a solution capable of ensuring the fundamental rights of the investigator.

Date of Award	20 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)